Court Rules On 14-Yr-Old Land Dispute In Rivers

L-R: Lagos State Deputy Governor, Dr Idiat Adebule, Governor Akinwumi Ambode of Lagos State, Managing Director, Africa, Thomson Reuters, Sneha Shah, Lagos State Chief Judge, Justice Funmilayo Atilade, Chairman, Lagos State House of Assembly Committee on Judiciary, Mrs Funmi Tejuosho and Lagos State Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem, at the launch of Laws of Lagos State 2015 by the governor in Lagos, recently

A Port Harcourt High Court
in Rivers State presided over by Justice Adolphus Enebeli, has delivered judgment on a fourteen-year-old land dispute brought before him and between Umayara and Umuodu families and Umuede Mba communities in Etche Local Government Area of the State.
The suit was instituted by the plaintiffs in 2001 who include Chief Stephen Nwanyanuru and Joseph Njoku for themselves and on behalf of Umuayara Mba, while the defendants were Mr Abel Nwankwo, Benjamin Njoku, Rufus Egbegbu and Godwin Egbule for themselves and Umuodu family, Umuede Mba all in Etche LGA.
Delivering judgement, Justice Adolphus Enebeli ruled that  the disputed Egbelu land belongs to the plaintiffs as well as the land where the plaintiffs are currently residing, adding that the Umuayara people have proved their case during the trial period as the owners of the land.
“The plaintiffs are the owners of the land where they build their houses and that of the Egbelu land that was in contention”, he said.
The trial judge declared that the defendants, Umuodu family, Umuede Mba are also entitled to the position of land where they are presently living as well as the other land given to them by the claimants and restrained them from entering or trespassing into the Egbelu land as it belongs to the plaintiffs. The trial judge urged them to comply with the recommendations of the customary arbitration panel by paying homage to the plaintiffs annually before cultivating or farming with regards to Etche native laws and customs as was stipulated in the Barr Nnadi Okere led 1990 panel and signed by both parties in 2000.
He averred that the plaintiffs and the witnesses who gave evidence during the trial and cross examination established the fact that Umuayara people are the landlords, while the defendants are “Umukanu”, adding that there was no proof of co-ownership of the Egbelu land with the plaintiffs as canvassed by the defendants.
The judge however, refused to award any cost of damages against or in favour of either parties, adding that the parties were bound by law to obey the rulings and recommendations of the panel.
He decried the forceful entering of Egbeluland in 2001 by the defendants without the permission of the plaintiffs as well as the non-compliance to the 1999 arbitration panel agreement which asked the defendants to pay rites to the plaintiffs, adding that such negations by the defendants were a total departure from the Barr Nnadi Okere led customary arbitration panel which should be condemned.
He urged the defendants to confine themselves to what belongs to them and ensure that they comply with the panel agreement, adding that they can enforce their human rights if they fulfill their obligations to the plaintiffs and they refused them.
The plaintiffs approached the court in Suit No IHC/3/2001 and in their prayers asked the court among other things for the possession of all that piece of parcel of land occupied by the defendants land of “Okoruru Alawuru Aja” and Okwu Ogboro where in the defendants are customary tenants on the ground of misconduct by acts of denial of the title of the plaintiffs and by setting up their interest and that of strangers against the legal interest of the plaintiffs.
The plaintiffs also sought for perpetual injunction to restrain the defendants, their agents and privies from trespassing or further trespassing into the plaintiffs land called Egbelu land,  which the defendants entered without the plaintiffs permission as well as payment of N500,000 damages for trespass into Egbelu land by the defendants.